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This is a Bill, not an Act. For current law, see the Acts databases.


SUITORS' FUND AMENDMENT BILL 2017

                      Western Australia


     Suitors' Fund Amendment Bill 2017

                         Contents

1.      Short title                            2
2.      Commencement                           2
3.      Act amended                            2
4.      Section 5 amended                      2
5.      Section 6 amended                      3
6.      Section 18 inserted                    3
        18.      Review of Act            3




                              50--2            page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)

         Suitors' Fund Amendment Bill 2017

                               A Bill for


An Act to amend the Suitors' Fund Act 1964.



The Parliament of Western Australia enacts as follows:




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     Suitors' Fund Amendment Bill 2017



     s. 1




1    1.         Short title
2               This is the Suitors' Fund Amendment Act 2017.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 to 3 and 6 -- on the day on which this Act
6                      receives the Royal Assent;
7                (b) the rest of the Act -- on a day fixed by proclamation.

8    3.         Act amended
9               This Act amends the Suitors' Fund Act 1964.

10   4.         Section 5 amended
11        (1)   In section 5(1) delete "court, the sum of 10 cents or such other
12              sum not exceeding 20 cents as may from time to time be
13              prescribed." and insert:
14

15              court, a levy of an amount prescribed by the regulations.
16

17        (2)   After section 5(2) insert:
18

19              (3)   The regulations may prescribe different amounts of
20                    levy for different processes or classes of process.
21              (4)   Nothing in this section is to be taken as limiting the
22                    operation of the Interpretation Act 1984 section 43.
23

24              Note: The heading to amended section 5 is to read:
25                    Levy to be paid to courts




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                                                    Suitors' Fund Amendment Bill 2017



                                                                                      s. 5



1    5.           Section 6 amended
2         (1)     In section 6(1) delete "fee" and insert:
3

4                 levy
5

6         (2)     In section 6(2) delete "additional fee" and insert:
7

8                 levy
9

10                Note: The heading to amended section 6 is to read:
11                       Department to advise Treasurer of number of processes upon
12                       which levy payable

13   6.           Section 18 inserted
14                After section 17 insert --

15          18.          Review of Act
16                (1)    The Minister must review the operation and
17                       effectiveness of this Act, and prepare a report based on
18                       the review, as soon as practicable after the
19                       2nd anniversary of the day on which the Suitors' Fund
20                       Amendment Act 2017 section 6 comes into operation.
21                (2)    The review must address the following --
22                        (a) the effect of the levy payable under section 5 on
23                              access by litigants to the courts;
24                        (b) the extent to which recommendations from
25                              reports of the Law Reform Commission of
26                              Western Australia relating to the operation of
27                              this Act have not been implemented; and
28                        (c) any other matters that appear to the Minister to
29                              be relevant to the operation and effectiveness of
30                              this Act.


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    Suitors' Fund Amendment Bill 2017



    s. 6



1            (3)   The Minister must cause the report to be laid before
2                  each House of Parliament as soon as practicable after it
3                  is prepared, but not later than 12 months after the
4                  2nd anniversary.

5




 


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